Madras High CourtCRL OP/13436/2021dismissed

S.Veeraraghavan v. State Rep By

2022-09-16Honourable Ms Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.09.2022

CORAM:

THE HON'BLE Ms.JUSTICE R.N.MANJULA and Crl. M.P. No.7375 of 2021 1.S.Veeraraghavan

2. K.Ragunathan ... Petitioners Vs.

1. State rep.by The Assistant Commissioner of Police, Stationed at B-2, Esplanade Police Station, High Court Campus, Chennai - 600 104.

2. The Inspector of Police B-2, Esplanade Police Station, Flower Bazzar, Chennai - 600 104.

(Crime No.792 of 2021)

3. S.Shalini ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records pertaining to the first information report in Cr. No.792 of 2021 pending investigation on the file of the Assistant Commissioner of Police, 1/4

B2, Esplanade Police Station, High Court Campus, Chennai - 600 104, and quash the same.

For Petitioner : Mr. K.Selvakumaraswami For Respondent-1&2 : Mr.A.Damodaran, APP

O R D E R

This Criminal Original Petition has been filed to call for the records pertaining to the first information report in Cr. No.792 of 2021 pending investigation on the file of the Assistant Commissioner of Police, B2, Esplanade Police Station, High Court Campus, Chennai - 600 104, and quash the same.

2. When the matter was taken up for hearing today, the learned Additional Public Prosecutor appearing for the first & second respondent submitted that in this case investigation has been completed and further action has been dropped.

3. The learned counsel for the third respondent / de facto complainant submitted that there are sufficient grounds for filing charge sheet and the prosecution ought not to have deferred the charge sheet.

4. If the de facto complainant has got any objection, he is at liberty to file 2/4

a protest petition in accordance with law before the appropriate forum. Since investigation is over and charge sheet has also been deferred as 'Mistake of Facts', nothing survives for further adjudication in this case.

5. Accordingly, the Criminal Original Petition is dismissed as infructuous. Consequently, connected miscellaneous petition is closed. Index: Yes/No 16.09.2022 Speaking / Non Speaking Order bkn To

1. The Assistant Commissioner of Police, Stationed at B-2, Esplanade Police Station, High Court Campus, Chennai - 600 104.

2. The Inspector of Police B-2, Esplanade Police Station, Flower Bazzar, Chennai - 600 104.

3.The Public Prosecutor, High Court of Madras.

R.N.MANJULA, J.

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